TERMS OF USE

UPDATED ON APRIL 29th, 2020

 

This is a binding agreement. By accessing or using the Internet site located at www.filmphotocreate.com (the “Site”), any services provided in connection with the Site, applications and software provided online through or in connection with the service, including through a mobile device (collectively, the “Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the “Agreement” or “Terms of Use”), as they may be amended by Film Photo Create (the “Company”) from time to time in its sole and absolute discretion. By using the Site, you agree to the Terms of Use, whether or not you are a registered user of our Service.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Service.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Posting on our Social Media Platforms or Any of our Sites.

 

The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site, Our Social Media platforms or others (“Post” or “Postings”). Postings do not reflect the views of FPC; and FPC does not have any obligation to monitor, edit, or review any Postings on the Site. FPC assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site or our Social Media platforms. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. FPC will fully cooperate with any law enforcement authorities or court order requesting or directing FPC to disclose the identity of anyone posting any such information or materials.

Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Compliance with Intellectual Property Laws

When accessing the Site, you agree to obey by the law and to respect our intellectual property rights and those of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. The Company has adopted a policy that provides for the immediate suspension and/or blockage of any Site user/visitor who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention.

The Copyright Act protects artists by giving us exclusive rights to create/produce our own work. Violations of the Copyright Act include, but are not limited to, copying or changing our work in any capacity, making illegal copies, scanning, printing, or making screen shots from our website or social media, and/or posting any of our work on any of your social media platforms, or anywhere else. It is strictly prohibited to email, text or exchange any of our work, photographs or information from our site to/ with anyone without our written consent. It is illegal to copy or reproduce any of our work without our written consent and violaters of this Federal Law will be subject to its civil and criminal penalties. It is also illegal to use any of our work for any reason or in any capacity without a written contract whereby we consent to the transfer of our work's copyright(s).

By Law, any work that we design, immediately has the copyright attached to it and its owner. As owners of the images and/or any other work that we create, it is our right to maintain complete control over the quality of our work. Any type of reproduction done illegally or outside of our office(s), could result in not only a lower quality of work than what our clients expect, but it could also tarnish our reputation in the industry. By doing so, you will be devaluating our work, and as such, you will be subject to fines of up to $50,000 for Copyright Infringement.

Section 302 of the Act extended protection to "a term consisting of the life of the author and fifty years after the author's death." 

Section 106 granted five exclusive rights to copyright holders, all of which are subject to the remaining sections in chapter 1 (currently, sections 107-122):

  1. the right to reproduce (copy) the work into copies and phonorecords,

  2. the right to create derivative works of the original work,

  3. the right to distribute copies and phonorecords of the work to the public by sale, lease, or rental,

  4. the right to perform the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture, or other audiovisual work), and

  5. the right to display the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural, motion picture, or other audiovisual work).

 

The Act was amended in 1995 to include a sixth exclusive right: the right to perform a sound recording by means of digital audio.

 

Copyright

 

​All contents of this Site are: Copyright © 2020 Film Photo Create. All rights reserved.

 

Trademarks

​All trademarks, service marks, and trade names of the Company used on the Site or Service, are trademarks or registered trademarks of the Company.

No License

​Nothing contained on the Site should be understood as granting you a license to use any trademarks, service marks or logos owned by the company or by a third party.

Acknowledgement

​By using our service or accessing this site, you acknowledge that you have read these terms of use and agree to be bound by them.

Disclaimer

All content provided on this website is for informational purposes only. The owner of this site makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.